Allahabad High Court
Ashish Tiwari vs State Of U.P. Thru. Prin. Secy. Home Lko. on 11 May, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Reserved Neutral Citation No. - 2023:AHC-LKO:32498 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15035 of 2021 Applicant :- Ashish Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Kumar Shukla,Naved Ali,Sandeep Yadav,Vikas Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. In pursuance of the earlier orders dated 27.02.2023, 28.02.2023 and 20.03.2023, Ms. Shweta Joshi, Assistant Director, Enforcement Directorate, Lucknow as well as Investigating Officer of the case in question are present before this Court.
2. Heard Shri Suresh Kumar Upadhyay, learned counsel for the applicant, Shri Kuldeep Srivastava, learned counsel for E.D. and Shri G.D. Bhatt, learned A.G.A. for the State.
3. The present bail application has been filed on behalf of the applicant in Case Crime No.206 of 2021 under Sections 420, 467, 468, 471,504, 506 I.P.C., Police Station Kumarganj, District Ayodhya/Faizabad with the prayer to enlarge him on bail.
4. Learned counsel for the applicant submitted that the applicant is an innocent person and he is in jail since 13.09.2021. He further submitted that the applicant has been falsely implicated in the present case by moving an application under Section 156(3) Cr.P.C. with the allegation that applicant and other associates allured the investors for depositing the money in the company M/s Anibullion with the assurance that their money will be multiplied. He further submitted that the applicant is not a director in the aforesaid firm as he himself has invested the money in the aforesaid firm and he has also been cheated by the company. He further submitted that in the identical manner, number of investors have lodged the F.I.R. in which the applicant has been implicated and there is no evidence related to the preparation of any forged valuable security etc. He further submitted that the charge sheet has already been filed and the trial is not going on. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that applicant facilitated to the investors for investing their money in the aforesaid company with the assurance that their money will be returned to them after being multiplied and about six hundred investors were cheated by the directors of the company and other associates including the applicant but he does not dispute this fact that charge sheet has already been filed and the applicant is in jail since 13.09.2021.
6. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances as the charge sheet has been filed and the applicant is in jail since 13.09.2021 and there is no evidence that the applicant is director in the aforesaid firm, I am of the view that the applicant is entitled to be released on bail.
7. Let applicant - Ashish Tiwari - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Trial court is directed to conclude trial, expeditiously without giving unnecessary adjournment to either of the parties.
10. Office is directed to communicate this order to the Court below.
Order Date :- 11.5.2023 V. Sinha